Collins v. Riley 104 U.S. 322 (1881)

U.S. Supreme Court

Collins v. Riley, 104 U.S. 322 (1881)

Collins v. Riley

104 U.S. 322

ERROR TO THE DISTRICT COURT OF THE UNITED

STATES FOR THE DISTRICT OF WEST VIRGINIA

Syllabus

I. Land in Virginia whereof the owner died seised in 1823 descended to his married daughter. In January, 1868, she and A., her husband, conveyed it in fee, and shortly thereafter died, he predeceasing her. In that year and after her death, B., their grantee, brought ejectment. The jury returned a special verdict setting forth substantially the above facts and finding that the right of A. was, at the date of the conveyance to B., barred by the statute of limitations. Held, in view of the provisions of the code of that state, infra, pp. 104 U. S. 324-326, that the facts so found entitle B. to recover inasmuch as it does not appear therefrom that her title or right of entry, which passed by the conveyance, was barred at the date thereof or at the commencement of the suit.

2. A verdict for the plaintiff, if it declares that the land in dispute "was claimed by the defendants," is in substantial compliance with the requirements of the code.

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